Court No. - 75

Case :- APPLICATION U/S 482 No. - 3586 of 2021

Applicant :- Lekhraj And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Pravesh Kumar,Yashwant

Pratap Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned AGA for

the State and perused the record.

By means of this application under Section 482 CrPC, the

applicants have challenged the order dated 01.10.2020,

by which, the applicant nos. 1 to 3, namely, Lekh Raj,

Sonu and Ramesh Chand have been summoned under

Section 376-D IPC, whereas applicant no.4 Smt. Kusma

has been summoned under Sections 109/376 and 379

IPC, Police Station Ahmadgarh, District Bulandshaher.

As per the allegations made in the FIR, it is alleged that

about 15 days back, while the victim was alone in her

house, accused persons Kusma, Subhash, Rajesh and

Lekh Raj came at her house and Kusma and Rajesh gave

her sweets (Laddoo) to eat and intoxicated her and

thereafter, they had forcibly taken her in a vehicle to

village Sukharu and detained her in a house. Smt. Kusma

is also alleged to have forcibly taken away her jewellery,

which was worn by the victim at the time of incident and

thereafter, Ramech Chand, Rajesh, Sonu and Subhash

Chand are said to have committed rape upon her. Even in

the statement of the victim recorded under Section 161

CrPC, the allegation of rape and taking away her

jewellery, which was worn by the victim at the time of the

incident, has been reiterated. In the statement recorded

under Section 164 CrPC, it is alleged that the applicants

Sonu and Rajesh committed rape upon her and Kusma is

said to have taken away her jewellery etc.

After concluding the investigation, the police has

submitted the final report against all the applicants,

however, co-accused Rajesh was charge-sheeted. After

framing of the charge against the co-accused Rajesh, the

trial proceeded. During the course of trial, statement of

the victim PW-1 has been recorded and she has also

been cross-examined.

After recording of her statement, an application under

Section 319 CrPC has been filed by the victim herself

stating therein that other co-accused persons, who had

been nominated as an accused in the FIR but were not

charge-sheeted, have also participated in the incident and

specific role has been assigned to them, as such, they

also be summoned to face trial. The said application has

been allowed by the trial court vide order dated

01.10.2021.

Being aggrieved by the said order, present application

under Section 482 CrPC has been filed by the applicants.

Learned counsel for the applicants has submitted that the

applicants are wholly innocent and have been falsely

implicated in the present case due to ulterior motive.

Learned counsel for the applicants has next submitted

that though the applicants were nominated in the FIR,

however, after investigation, the police did not file the

charge-sheet against them and subsequently, on the

basis of an application under Section 319 CrPC filed by

the victim, they have also been illegally summoned by the

trial court to face trial.

Learned counsel for the applicants has next submitted

that there are certain contradictions in the statement of

the victim recorded under Sections 161 CrPC and 164

CrPC, however, trial court has not considered the said

contradictions and has illegally summoned the applicants

to face trial, as such, the impugned order is bad in the eye

of law and is liable to be set aside.

Per contra, learned AGA has submitted that from the

allegations made in the FIR as well as statement of the

victim recorded during the course of trial, there is ample

evidence to connect the applicants with the present case

and it is a case of gang rape and specific allegation of

rape has been made against the applicants Sonu,

Ramesh Chand, Rajesh and Lekh Raj and Smt. Kusma is

said to have abetted the said